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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-02-06
Status Open
Type Environmental
Docket 55 entries

Parties

Plaintiff Aphios Corporation
Defendant New England Lead Burning Company, Inc. Dba Nelco Worldwide|Cummings Properties , Llc|Dec Tam, Llc|Castor, Trevor P.

Lawyers

Docket Entries

  1. Case assigned to: DCM Track F - Fast Track was added on 02/06/2023
  2. Complaint electronically filed.
  3. Civil action cover sheet filed.
  4. Demand for jury trial entered.
  5. Service Returned for Defendant New England Lead Burning Company, Inc. Dba Nelco Worldwide: Service via resident agent; On 3/16/2023, to the care of Sequiera Lavender, at CT Corporation System 155 Federal Street, Suite 700, Boston, MA 02110
  6. Attorney appearance electronically filed.
  7. Attorney appearance On this date Thomas J Conte, Esq. added as Private Counsel for Defendant New England Lead Burning Company, Inc. Dba Nelco Worldwide
  8. Attorney appearance On this date James Patrick Hoban, Esq. added as Private Counsel for Defendant New England Lead Burning Company, Inc. Dba Nelco Worldwide
  9. Attorney appearance On this date Alexandra Nicole Mansfield, Esq. added as Private Counsel for Defendant New England Lead Burning Company, Inc. Dba Nelco Worldwide
  10. Plaintiff, Defendant Aphios Corporation, New England Lead Burning Company, Inc. Dba Nelco Worldwide's Joint Motion to Stay Proceedings Pending Mediation
  11. Endorsement on Motion to Stay Pending Mediation (#4.0): ALLOWED Motion Allowed. (Dated: 8/7/23) notice sent 8/7/23 Judge: Frison, Hon. Shannon
  12. Event Result:: Final Pre-Trial Conference scheduled on: 02/26/2024 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Shannon Frison, Presiding Staff: Maria Pantos, Assistant Clerk Magistrate
  13. Event Result:: Conference to Review Status scheduled on: 04/25/2024 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Comments: TIME CHANGE Hon. James Budreau, Presiding Staff: Maria Pantos, Assistant Clerk Magistrate
  14. Event Result:: Conference to Review Status scheduled on: 04/25/2024 09:00 AM Has been: Held via Video/Phone Motion to Consolidate and extend TOD in 9A process Hon. James Budreau, Presiding Staff: Maria Pantos, Assistant Clerk Magistrate
  15. Plaintiff Aphios Corporation's Motion to amend the Complaint As of Right
  16. Exhibits/Appendix
  17. Opposition to Plaintiff's Motion to Amend Complaint filed by Cummings Properties, LLC
  18. Reply/Sur-reply Reply of Plaintiff to Opposition of Defendant Cummings Properties, LLC's To Motion to Amend Complaint
  19. Affidavit of compliance with Superior Court Rule 9A Applies To: Volkin, Esq., David Jon (Attorney) on behalf of Aphios Corporation (Plaintiff)
  20. Attorney appearance On this date Michael C Barker, Esq. added as Private Counsel for Other interested party Cummings Properties, LLC
  21. Plaintiff Aphios Corporation's Request for Leave to File Reply Brief in Excess of Rule 9A 5(IV)
  22. Endorsement on Request of Plaintiff For Leave to File Reply Brief in Excess of Rule 9A 5(IV) (#6.0): ALLOWED (Dated: 5/7/24) notice sent 5/7/24 Judge: Budreau, Hon. James
  23. Attorney appearance On this date Lawrence Robert Kulig, Esq. added as Private Counsel for Plaintiff Aphios Corporation
  24. Attorney appearance electronically filed.
  25. Endorsement on Motion of Plaintiff to Amend Complaint as of Right (#5.0): ALLOWED After review of both parties' pleadings, Plaintiff's Motion to Amend as a right is Allowed as Plaintiff's claims will plausibly survive defendant's statute of limitations defense base upon a "lulling" theory at the very least. (Dated: 5/7/24) notice sent 5/8/24 Judge: Budreau, Hon. James
  26. Amended: First amended complaint filed by Aphios Corporation
  27. Received from Defendant New England Lead Burning Company, Inc. Dba Nelco Worldwide: Answer to first amended complaint; cross claim, and jury demand
  28. rd Party Complaint filed.
  29. Crossclaim filed (P#8)
  30. Defendant Cummings Properties , LLC's Notice of Motion to consolidate three related actions for Pre-Trial purposes
  31. Attorney appearance On this date Craig J Ziady, Esq. added as Private Counsel for Defendant Cummings Properties , LLC
  32. Attorney appearance On this date Craig J Ziady, Esq. added as Private Counsel for Other interested party Pontiac Properties, LLC
  33. Defendant in a 3rd Party Claim New England Lead Burning Company, Inc. Dba Nelco Worldwide's Motion for Appointment of Special Process Server. (Francis J. Trapasso & Associates)
  34. Answer to amended complaint
  35. Crossclaim filed (See Paper #11.1)
  36. Counterclaim filed. (See Paper #11.1)
  37. Answer to the crossclaim Received from Defendant Cummings Properties , LLC: Answer to the Crossclaim;
  38. Attorney appearance electronically filed.
  39. Attorney appearance electronically filed.
  40. Attorney appearance On this date Michael C Barker, Esq. added as Private Counsel for Other interested party Pontiac Properties, LLC
  41. Endorsement on Motion for Appointment of Special Process Server. (Francis J. Trapasso & Associates) (#11.0): ALLOWED
  42. Plaintiff Aphios Corporation's Submission of Acknowledgment And Acceptance Of Service
  43. Service Returned for Service Returned for Defendant Castor, Trevor P.: Service accepted by counsel; Davis J. Volkin, on 7/3/24, 20 Cabot Blvd., Ste.300 Mansfield, MA 02048
  44. Acknowledgment of service Applies To: New England Lead Burning Company, Inc. Dba Nelco Worldwide (Defendant)
  45. Answer to the crossclaim Received from Defendant New England Lead Burning Company, Inc. Dba Nelco Worldwide: Answer to the Crossclaim;
  46. Answer to the counterclaims of defendant, Cummings Properties , LLC Applies To: Aphios Corporation (Plaintiff); Castor, Trevor P. (Defendant)
  47. Attorney appearance On this date Lawrence Robert Kulig, Esq. added for Defendant Trevor P. Castor
  48. Attorney appearance On this date David Jon Volkin, Esq. added for Defendant Trevor P. Castor
  49. Service Returned for Defendant Dec-Tam, LLC: Service through person in charge / agent; To Jim Divincenzo on 8/6/24 at 84 State St. Boston MA
  50. Attorney appearance On this date Thomas Kincaid McCraw, Jr., Esq. added as Private Counsel for Defendant Dec-Tam, LLC
  51. Received from Defendant Dec-Tam, LLC: Answer with a counterclaim; and Jury Demand
  52. Counterclaim filed.
  53. Attorney appearance electronically filed.
  54. Plaintiff, Defendants Aphios Corporation, New England Lead Burning Company, Inc. Dba Nelco Worldwide, New England Lead Burning Company, Inc. Dba Nelco Worldwide, Dec-Tam, LLC, Pontiac Properties, LLC, Trevor P. Castor's Joint Motion to amend tracking order deadlines
  55. Event Result:: Final Pre-Trial Conference scheduled on: 10/16/2024 02:00 PM Has been: Not Held For the following reason: By Court prior to date Comments: Motion to extend tracking order deadlines filed Hon. Matthew J Nestor, Presiding Staff: Maria Pantos, Assistant Clerk Magistrate

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